Pregnant mom says sandwich arrest was 'horrifying'

[Bad_Daddy 2,209]

http://news.yahoo.com/pregnant-mom-says-sandwich-arrest-horrifying-214407004.html

By JENNIFER SINCO KELLEHER - Associated Press | AP – 2 hrs 52 mins ago

HONOLULU (AP) — Nicole Leszczynski couldn't imagine that two chicken salad sandwiches would land her and her husband in jail and her 2-year-old daughter in state custody. But it happened five days ago, when the 30-weeks-pregnant woman forgot to pay for her snack while grocery shopping.

"It was the most ridiculous chain of events that happened," she said while sobbing Monday. "It's still hard to believe what happened."

Leszczynski, 28, and her husband Marcin, 33, were handcuffed, searched then released on $50 bail each. Their ordeal at the police station lasted a few hours, but their daughter Zofia spent the night away from her parents in a case that has sparked nationwide outrage and forced the Safeway supermarket chain to review the incident.

The family had moved to an apartment near downtown Honolulu from California two weeks ago. Still settling in, they ventured out Wednesday to stock up on groceries, took the bus, got lost, and ended up at a Safeway supermarket.

Famished, the former Air Force staff sergeant picked up the two sandwiches that together cost $5. She openly munched on one while they shopped, saving the wrapper to be scanned at the register later.

But they forgot to pay for the sandwiches as they checked out with about $50 worth of groceries.

"When the security guard questioned us, I was really embarrassed, I was horrified," she said. They were led upstairs, where the couple expected to get a lecture, pay for the sandwiches, and be allowed on their way.

But store managers wouldn't allow them to pay for the sandwiches, she said.

"I asked to talk to a manager and he said it was against their policy to pay for items that left the store," she said. "The security guard said we were being charged with shoplifting."

Four hours later, a police officer arrived and read them their rights. A woman from the state Child Welfare Services arrived to take Zofia away.

The pregnant mother said she tried to keep her composure until Zofia, who turns 3 in December, left the store. "I didn't want Zofia to be scared because she's never spent a night away from us. She didn't have her stuffed animal. She didn't have her toothbrush."

But as soon as her daughter left, "I got completely hysterical. I went to the bathroom and I threw up," she recalled.

A Honolulu police spokeswoman said it was procedure to call Child Welfare Services if a child is present when both parents are arrested. The store's management did not know the girl would be taken away, said Susan Houghton, a spokeswoman for California-based Safeway.

The national supermarket chain said it was looking into the incident. "It was never our intent to separate a mother from her child. That was a very unfortunate consequence to this situation," Houghton said. "We understand the outrage. We are concerned about how this was handled."

Leszczynski called the incident "so horrifying, it seemed to escalate and no one could say, 'this is too much.'"

The couple was handcuffed and driven separately to police headquarters a few blocks away, where they were searched, had their mug shots taken and then released after paying bail. A police officer escorted them back to the store — which banned them for a year, Leszczynski said — where they picked up their groceries and walked home just before midnight.

"We basically stared at each other all night. We woke up at the crack of dawn and called (the state child welfare office)," Leszczynski said.

While they waited, Leszczynski vented about the experience on babycenter.com and contacted a lawyer for help with being reunited with Zofia. At the lawyer's suggestion, they took their story to the media.

Zofia was returned after an 18-hour separation from her parents.

The couple is charged with fourth-degree theft, a petty misdemeanor, and has a court date on Nov. 28, according to the city prosecutor's office. The family hasn't decided whether it will pursue legal action against Safeway.

Houghton said the company will review the police report and store security footage before deciding whether to press charges.

[Usui Takumi 1,562]

Yeah I saw this earlier. I'd say there is a 50% chance the manager was a serious jerk, or there is a 50% chance the two were pulling a stunt. You just never know unless you've been there.

[Bad_Daddy 2,209]

Yeah I saw this earlier. I'd say there is a 50% chance the manager was a serious jerk, or there is a 50% chance the two were pulling a stunt. You just never know unless you've been there.

I wonder if this is going to go further. Safeway says it still hasn't decided whether it's going to press charges, and she hasn't said whether they are going to sue Safeway.

[Dakine10 5,452]

and she hasn't said whether they are going to sue Safeway.

Wonder what they would sue for? That the security guard was a jerk? Technically they did steal the sandwiches. If a homeless guy from Waianae did that, he would still be in jail and it wouldn't have been in the news.

[Bad_Daddy 2,209]

Wonder what they would sue for? That the security guard was a jerk? Technically they did steal the sandwiches. If a homeless guy from Waianae did that, he would still be in jail and it wouldn't have been in the news.

Agreed. This made for good press though...well maybe not for Safeway.

[one...two...tree 2,762]

When I managed the liquor dept. of a grocery store years ago, I witnessed a gentlemen nonchalantly take a 750ml bottle of cheap vodka off the shelf and walk right out of the store. I immediately notified the store manager and we both walked out to the parking lot asking the man for the bottle back. All the manager told him was to not come back.

Loss prevention is a huge issue for retailers but the focus is on preventing the loss more than going hard after the alleged criminals. Retailers are relying more heavily on security cameras and merchandise tags to discourage theft.

[sandinista! 1,816]

Ugh. In the Portland area, we have a local chain of grocery stores called New Seasons, and right at their front entrances they have a sign listing their store policies- snack as you shop is a-ok, just please remember to pay for what you ate on your way out. I also forgot my debit card when I got up to the register once, and as long as it's not alcoholic beverages, and under $30, you can take your groceries home and pay for them the next day-they just suspend the transaction, and I called them the next day and gave them my debit card number over the phone. They're so ridiculously nice there. They're a successful little chain of stores too, all without treating their patrons like garbage in the interest of loss prevention. I know there's nowhere else around here I'd rather shop.

[sandinista! 1,816]

Wonder what they would sue for? That the security guard was a jerk? Technically they did steal the sandwiches. If a homeless guy from Waianae did that, he would still be in jail and it wouldn't have been in the news.

Is it common practice there for the homeless to come into the store and pay for $50 in groceries and then try to rip off the store for $5 in sandwiches? That's a thing? My mom once failed to notice a carton of yogurt that had rolled under her purse in the cart. She didn't see it until she got outside, after she paid for her groceries, and so she went back into the store to pay for it. But I guess during that walk to her car before she saw it, my mom was technically a thief, and could reasonably have expected to spend that night in jail. I'll have to let her know how close she came that day to being locked up.

[one...two...tree 2,762]

Ugh. In the Portland area, we have a local chain of grocery stores called New Seasons, and right at their front entrances they have a sign listing their store policies- snack as you shop is a-ok, just please remember to pay for what you ate on your way out. I also forgot my debit card when I got up to the register once, and as long as it's not alcoholic beverages, and under $30, you can take your groceries home and pay for them the next day-they just suspend the transaction, and I called them the next day and gave them my debit card number over the phone. They're so ridiculously nice there. They're a successful little chain of stores too, all without treating their patrons like garbage in the interest of loss prevention. I know there's nowhere else around here I'd rather shop.

That's good business sense. When customers feel appreciated and trusted, they'll be more loyal.

[Dakine10 5,452]

Is it common practice there for the homeless to come into the store and pay for $50 in groceries and then try to rip off the store for $5 in sandwiches? That's a thing? My mom once failed to notice a carton of yogurt that had rolled under her purse in the cart. She didn't see it until she got outside, after she paid for her groceries, and so she went back into the store to pay for it. But I guess during that walk to her car before she saw it, my mom was technically a thief, and could reasonably have expected to spend that night in jail. I'll have to let her know how close she came that day to being locked up.

What's your point? People inadvertently break the law all the time. Sure, it shouldn't have went that far, and Safeway's regrets are probably sincere, but if they didn't do anything wrong they could not have been arrested. I'm not sure why they would consider a lawsuit unless they just hope Safeway will settle to avoid more bad publicity.

[sandinista! 1,816]

My point was trying to understand why you were comparing an inadvertent lawbreaker to a deliberate one. It's really the same thing to forget to pay for a $5 item in a grocery store that you've just spent $50 in as it is for a guy to walk in, shove a sandwich under his shirt, and run back out?

What's your point? People inadvertently break the law all the time. Sure, it shouldn't have went that far, and Safeway's regrets are probably sincere, but if they didn't do anything wrong they could not have been arrested. I'm not sure why they would consider a lawsuit unless they just hope Safeway will settle to avoid more bad publicity.

[Saddle Bronc 124]

Yeah I saw this earlier. I'd say there is a 10050% chance the manager was a serious jerk, andor there is a 50% chance the two were pulling a stunt. You just never know unless you've been there.

IMO, from what I experienced with them in Calgary (where it tried to safeguard a near-monopoly against the far-superior, and Canuck, chain Loblaws), qualification for store manager is "must be total jerk".

[SMR 368]

Doesn't there have to be criminal intent in order for it to be theft? I think this story hinges on the fact that the couple did purchase groceries at the store which makes it highly plausible that they forgot to pay for one of the items.

In a different situation, what if a cashier miss swiped an item and it didn't get added to the total? Would that be theft? I often spend over a hundred dollars on groceries in a pop. I'm not even watching the cashier sometimes and if they forgot to swipe a couple cans here or there, I would have no way of knowing. Admittedly the details are a little different depending on who failed to take action, but the basis is the same. Walking away with something that isn't yours or wasn't paid for doesn't necessarily imply theft. What about a pen at the bank?

Do you really believe that the government should be empowered to detain someone and separate them from their kids in these situations?

[mawilson 2,133]

I'm glad they charged her. I wish more stores would do that.

I've always found it incredibly annoying when people open items (food, water) they haven't yet paid for.

[SMR 368]

I'm glad they charged her. I wish more stores would do that.

I've always found it incredibly annoying when people open items (food, water) they haven't yet paid for.

Doesn't it depend on the policy of the store, which may not have been clearly communicated? As someone in the thread said, some stores don't have a problem with it. For another example, restaurants are also eat first and pay later. I've never done it in a grocery store myself but don't see it as a problem always.